Cross Dressing and the Criminal

38 Pages Posted: 1 Dec 2007

Abstract

Drawing upon cultural studies, literary theory, and criminal law, Cross Dressing and the Criminal argues that cross dressing as a metaphor, as a sign, as a practice has the potential to subvert not only expectations about gender, but also about race, sexuality, class, and status. Taking up Judith Butler's suggestion that we could all benefit from serious play, and turning to the criminal arena, this essay conceptualizes a justice system in which officers, prosecutors, jurors, and judges engage in imaginative acts of cross dressing in cases where implicit biases may be present. Such imaginative acts, the essay argues, would not only have the salutary effect of foregrounding such biases. It would also allow decision-makers to override them.

Keywords: criminal law, criminal procedure, race, gender, class, sexuality, cross dressing, drag, Martha Stewart, O.J. Simpson, McKleskey v. Kemp, Judith Butler, rape

Suggested Citation

Capers, I. Bennett, Cross Dressing and the Criminal. Yale Journal of Law and the Humanities, Vol. 20, 2008, Hofstra Univ. Legal Studies Research Paper No. 07-33, Available at SSRN: https://ssrn.com/abstract=1040665

I. Bennett Capers (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
368
Abstract Views
3,979
Rank
148,458
PlumX Metrics